United States of America, and v. Roger Lytle Morehart

CHAMBERS, Circuit Judge:

Morehart had “signed up” for some agricultural conservation money. He was to clear some of his land of brush. The government would pay him part of his cost.

While clearing the land, Morehart’s mechanical equipment used in the process started a fire. 1 The forest service, with its own forces and the help of a municipal fire department, put out the fire on Morehart’s ranch before it reached the adjoining national forest land. But the forest service acted out of self interest.

A jury found Morehart was negligent and the United States was entitled to recover $9,736.58, its…